Terms of Use

Terms of Use

Revised: July 8, 2008

This statement covers all of the Octovation, Inc. sites ("Octovation Sites"), including bellamango.com and VegasChill.com, and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the Octovation Sites. Your use of the Octovation Sites indicates your agreement to abide by the Terms in effect.

Use of Content

Octovation, Inc. may provide a RSS feeds for each of its Sites:

Octovation, Inc. provides a general license to use these feeds as detailed below, provided that they are not modified in anyway (including the stripping of ads).

Acceptable Usage

RSS feeds may be used for personal use only. For personal use in RSS readers, you may use Full ad-supported feeds. Ads must not be removed from the feeds.

Web Syndication Terms of Use

§ Internal links in the Site content must not be removed.

§ The Site logo and/or URL should appear on each page displaying site content.

§ The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.

§ "More From…" links back to original Site at the end of each post must be included on content pages and may not be removed.

Print Syndication Terms of Use

§ Reproduction of screenshots from any Site is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page.

§ The Site logo and URL must appear prominently at the top of each section displaying site content.

§ Content must appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer's site links where appropriate.

§ Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.

General Terms of Use

§ The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers.

§ No content, including any advertisements or other promotional content, shall be added to the RSS feeds.

§ Octovation Inc. reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.

§ Octovation Inc. further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.

§ Octovation Inc. provides this content "as is" and Octovation Inc. shall not be held liable for your use of the information or the feeds.

§ Use of a Site's content, including text and images, on your site, or in print, is entirely at your discretion. Octovation Inc. is not responsible for any complaints regarding content or images that you choose to display on your site or in print.

TO THE FULLEST EXTENT ALLOWED, OCTOVATION INC. DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.

Corresponding with Octovation Inc.

Any correspondence with the Octovation Sites or with Octovation Inc., including any documentation or images, are considered property of Octovation Inc.. Octovation Inc. reserves the right to reproduce such correspondence, in whole or in part, on any of the Octovation Sites or its affiliates.

Comments Terms of Use

The comments sections on Octovation Sites are accessible to users by invitation only (such invitations coming either from Octovation Inc. editors directly or by referral from existing comment users). OCTOVATION INC.'s comment user registration system has been designed so that, if the user so chooses, they can remain completely anonymous, even to us.

In order to make our comments useful and interesting, the following guidelines have been established for comment users:

§ Do not post threatening, harassing, defamatory, or libelous material.

§ Do not intentionally make false or misleading statements.

§ Do not offer to sell or buy any product or service.

§ Do not post material that infringes copyright.

§ Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

§ Keep all comments relevant to the particular OCTOVATION Site where the comment is being posted.

§ Octovation Inc. will not accept responsibility for information posted in the Comments.

Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user's comments unless we deem them to be in violation of our Terms of Service. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot remove your comments simply because you have a change of heart about making them.

However, Octovation Inc. reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights.

Octovation Inc. is not responsible for the content of user comments. If a third party complains that your comment violates our Terms of Service or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.

Image Terms of Use

Octovation Inc. sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Octovation Inc. sites include:

§ Images licensed from photographic archive vendors

§ Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes

§ Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)

§ Images published on Flickr or other public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case

§ Images commissioned by Octovation Inc.

§ Images that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:

1. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody

2. The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)

3. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution images used for no more than to convey the point made)

4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)

If Octovation Inc. receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.

If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please send us a second email to confirm that we received the first one. Spam blockers sometimes deliver emails from unknown persons to a spam folder.

To enable us to address your concerns, please provide the following information:

§ For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

§ Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

§ Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:

§ Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,

§ a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND

§ Evidence to support your claim that you own the copyright in the image.

We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

§ Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

§ Sign the document and fax it to Attn: Octovation, Inc. Legal at :
(480) 393-5608

OR email it to:

info AT Octovation DOT com

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

We also reserve the right to publish your letter on the site(s).

External Links Disclaimer

Octovation Sites routinely contain links to external, third party websites. By providing links to other sites, Octovation Inc. does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the OCTOVATION Site in question.

Octovation Inc. does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Octovation Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Notification of Changes

Whenever Octovation Inc. changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.

User Privacy

Though we make every effort to preserve user privacy, Octovation Inc. may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of the Octovation Sites. Please refer to our Privacy Policy for more information.

Contact Information

If you have any questions or notices of violations to these terms and conditions, please contact the editor of the OCTOVATION Site in question, or send an email to: info AT Octovation.com, or by fax to Octovation Inc. at (480) 393-5608.